My Hoa Wants Me To Sign Nda In Order For Them To Do Repairs [ca]

Location: California

We had really bad storms and rain in 2022 which was when I first observed a leak upstairs. I contacted the hoa but they never responded so the following week we had another storm which caused another leak in the ceiling in the second room.

Since then, HOA has fixed the roof however, they have been giving me a lot of pushbacks for fixing the inside of the ceiling which was caused by improper maintenance/negligence of the roof which resulted in the leak and damaged ceiling in two rooms.

After years of back and forth, they have agreed to fix the ceiling but only under the condition that I sign an NDA in order for them to repair my ceiling.

These are the terms of NDA:

1. Purpose. The HOA has performed certain work, repairs, or modifications (the "Work") within the Homeowner's unit and/or property. This Agreement is intended to ensure that the Homeowner does not disclose the existence, nature, or details of the Work performed by the HOA to any third party.

2. Non-Disclosure Obligation. (a) The Homeowner agrees that they shall not, directly or indirectly, disclose, communicate, or cause to be communicated to any third party, including but not limited to other homeowners, tenants, contractors, the media, or any governmental or regulatory body (except as legally required), any information regarding the Work performed by the HOA.

(b) The Homeowner further agrees not to make any public or private statements, whether oral, written, or electronic (including via social media), regarding the Work without prior written consent from the HOA.

1. Exceptions. The obligations of this Agreement shall not apply to information that: (a) Is required to be disclosed by law, court order, or government authority, provided that the Homeowner promptly notifies the HOA to allow for appropriate legal action; (b) Is already publicly available through no breach of this Agreement by the Homeowner; (c) Is disclosed to legal counsel, financial advisors, or mortgage lenders under confidentiality obligations.

2. Duration. This Agreement shall remain in full force and effect indefinitely unless otherwise terminated in writing by mutual agreement of both parties.

3. Remedies. The Homeowner acknowledges that any breach of this Agreement may result in irreparable harm to the HOA, and in addition to any other remedies available at law or in equity, the HOA shall be entitled to seek injunctive relief and/or monetary damages.

4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

5. Miscellaneous. (a) This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings. (b) No modification of this Agreement shall be effective unless in writing and signed by both parties. (c) If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

6. Acknowledgment. The Homeowner acknowledges that they have read and understood this Agreement and agree to be bound by its terms.

Is this justified or should I hire a counsel?

I’m not sure what to do?